Assault with bodily fluid regarded seriously by law
Sep. 9—Offensive assaults using firearms or other dangerous objects are the more common crimes of violence that law enforcement encounters, but Alabama law also establishes penalties for those convicted of using bodily fluids against someone else.
In 2017, Alabama enacted a law making such assaults a more serious crime, such that violators would be charged with "assault with bodily fluids." However, according to Anniston police Sgt. Randy Grier, it was three years before APD had any such reports filed.
"Our first report on the record is from August the 24 of 2020, so I'm not sure exactly why but we didn't have any report prior to August of 2020, considering it had been on the books for three years at that point," Grier said.
That "why" could be due to the beginning of COVID-19, according to Grier, as spreading the communicable disease could have more dire implications.
Grier explained that spreading any bodily fluid — blood, seminal fluid, mucus fluid, urine, or feces — is by itself a misdemeanor. However, if the perpetrator knows they have a disease such as HIV or hepatitis, the charge becomes a Class C felony.
"People with universal precautions, you know, you could die from it," Calhoun County Sheriff Matthew Wade said. "So it should be more than just 'well, I got spit on.' It's a big deal."
Before the law changed in 2017, the charge for assault with bodily fluids would have been harassment, according to Wade.
"It deserves more than that," Wade said.
Anniston Police Department recorded a total of 18 incidents since the law was enacted, with 17 of those cases involving spit and the other involving feces. According to Grier, the poop incident was between two people where one had put it into a shampoo bottle.
Of the 18, eight had charges pressed against them, 10 did not, with two felonies and the others misdemeanors, according to Grier.
Grier said of the two felony incidents, in one case a police officer was a victim where a subject spat on his face and then said "I have AIDS, I hope you have it now." The subject who spat on the officer tested positive for HIV but the officer did not.
The other felony incident involved medical personnel where the subject had hepatitis. The report stated the individual was hit with spit/blood, and contracted the virus from the incident.
"It's a bigger issue. People don't think about all the issues to it," Wade said.
"That's a hard thing to explain to one of your family members, is 'hey I've been exposed to something,'" Wade continued. "You're potentially disrupting somebody's family life. Would you want to expose your partner to something?"
